COMPETITIVE COMBINED SYNOPSIS / SOLICITATION
Title: Human in vivo tissue oxygen concentration monitor
(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
(ii) The solicitation number is 75N95024Q00444 and the solicitation is issued as a request for quotation (RFQ).
This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures; and FAR Part 12—Acquisition of Commercial Items, and is not expected to exceed the simplified acquisition threshold.
(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) Number 2024-05, with effective date 05/22/2024.
(iv) The associated NAICS code 334510- Electromedical and Electrotherapeutic Apparatus Manufacturing and the small business size standard is 1250 employees. This requirement is full and open with no set-aside restrictions.
- This requirement is for the following: LICOX Brain Tissue Oxygen Monitor (Model LCX02) Brand name or Equal.
- Generic Name of Product: Human in vivo tissue oxygen concentration monitor.
Salient characteristics: Equipment must be FDA approved. Please see
PURCHASE DESCRIPTION attached to this posting.
(vii) The Government anticipates award of a firm fixed-price purchase order for this acquisition, and the anticipated delivery date is within 45 days after receipt of order (ARO). Delivery will be f.o.b. destination. The place of delivery and acceptance will be Baltimore, MD.
(viii) The provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998), applies to this acquisition. This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses: https://www.acquisition.gov/browse/index/far https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html
(End of provision)
The following provisions apply to this acquisition and are incorporated by reference:
- FAR 52.204-7, System for Award Management (Oct 2018)
- FAR 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020)
- FAR 52.211-6, Brand Name or Equal (Aug 1999)
- FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023)
- FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)
- FAR 52.225-2, Buy American Certificate (Oct 2022)
- HHSAR 352.239-73, Electronic and Information Technology Accessibility Notice (December 18, 2015)
The clause at FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998), applies to this acquisition. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:
https://www.acquisition.gov/browse/index/far https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html
(End of clause)
The following clauses apply to this acquisition and are incorporated by reference:
- FAR 52.204-13, System for Award Management Maintenance (Oct 2018)
- FAR 52.204-18, Commercial and Government Entity Code Maintenance (Aug 2020)
- FAR 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023). Addendum to this FAR clause applies to this acquisition and is attached.
- HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015)
- HHSAR 352.239-74, Electronic and Information Technology Accessibility (December 18, 2015)
The following provisions and clauses apply to this acquisition and are attached in full text. Offerors MUST complete the provisions at 52.204-24, 52.204-26, and 52.225-2 and submit completed copies as separate documents with their proposal.
- FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
- FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)
- FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (May 2024)
- FAR 52.225-2, Buy American Certificate (Oct 2022)
- NIH Invoice and Payment Provisions (Mar 2023)
(ix) The provision at FAR clause 52.212-2, Evaluation – Commercial Items (Nov 2021), applies to this acquisition and is included as an attachment.
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.”
(x) Offerors must include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services (May 2024), with its offer. If the offeror has completed FAR clause 52.212-3 at www.sam.gov, then the offeror does not need to provide a completed copy with its offer.
(xi) The following additional contract requirement(s) or terms and conditions as determined by the contracting officer are necessary for this acquisition and consistent with customary commercial practices. There are no additional contract requirement(s) or terms and conditions applicable to this acquisition.
(xii) The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.
(xii) Responses to this solicitation must include sufficient information to establish the interested parties’ bona-fide capabilities of providing the product or service. The price quote shall include: unit price, list price, shipping and handling costs, delivery days after contract award, delivery terms, prompt payment discount terms, F.O.B. Point (Destination or Origin), product or catalog number(s), product description, and any other information or factors that may be considered in the award decision. Such factors may include: past performance, special features required for effective program performance, trade-in considerations, probable life of the item selected as compared with that of a comparable item, warranty considerations, maintenance availability, and environmental and energy efficiency considerations.
Respondents proposing on an equal product of the brand-name product specified in this announcement must provide, as part of their response: (a) product, catalog, model, and/or part number(s); (b) product description; (c) all relevant information and documentation that the item(s) offered meets the salient physical, functional, or performance characteristics as specified in the purchase description; quantity; estimated price or cost; shipping, handling, and/or installation charges; and delivery date after receipt of order.
Each quote must state whether each item quoted is a domestic and/or foreign end product.
All items in the purchase description must be quoted to be considered responsive.
The Unique Entity ID from SAM.gov, the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov.
All questions must be received by 4:00 p.m., EDT, on Tuesday, August 20, 2024, and reference Solicitation Number 75N95024Q00444. Questions may be submitted electronically to Patricia da Silva, Contract Specialist, patricia.dasilva@nih.gov.
All quotations must be received by 4:00 p.m., EDT, on Thursday, August 22, 2024, and reference Solicitation Number 75N95024Q00444. Responses must be submitted electronically to Patricia da Silva, Contract Specialist, patricia.dasilva@nih.gov.
Fax responses will not be accepted
ATTACHMENTS
- Purchase Description
- FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
- FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)
- FAR 52.212-4 Addendum
- FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes Executive Orders–Commercial Items (Dec 2023)
- FAR 52.225-2, Buy American Certificate (Oct 2022)
- NIH Invoice and Payment Instructions with IPP
